Bill Text: CA AB462 | 2015-2016 | Regular Session | Amended
Bill Title: Firearms: waiting period.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB462 Detail]
Download: California-2015-AB462-Amended.html
BILL NUMBER: AB 462 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Grove
FEBRUARY 23, 2015
An act to amend Section 26815 Sections
26805, 26815, 27540, and 28220 of the Penal Code, relating to
firearms.
LEGISLATIVE COUNSEL'S DIGEST
AB 462, as amended, Grove. Firearms: waiting period.
Existing law generally regulates the sale and transfer of
firearms, including, among other requirements and subject to
exceptions, that the transfer of a firearm be conducted through a
firearms dealer. Existing law, subject to exceptions, imposes a
10-day waiting period for delivery of a firearm, during which time a
background check is conducted by the Department of Justice to
determine if the proposed recipient of the firearm is prohibited from
owning or possessing a firearm.
This bill would provide that if the person is determined by the
department not to be prohibited from possessing, receiving, owning,
or purchasing a firearm, and the person possesses a firearm as
confirmed by the Automated Firearms System (AFS), is authorized to
carry a concealed firearm, or possesses a valid Certificate of
Eligibility and a firearm as confirmed by the AFS, the department
shall immediately notify the dealer who shall immediately release the
firearm to the person and not wait the full 10 days to do so.
Existing law prohibits the delivery of a firearm within 10 days of
an application to purchase, or, after notice by the Department of
Justice, within 10 days of the submission to the department of any
correction to the application, or within 10 days of the submission to
the department of a required fee, whichever is later.
This bill would make technical, nonsubstantive changes to these
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature in
enacting this act to codify the holding of the United States District
Court, Eastern District of California in Silvester v. Harris (2014)
41 Supp. 3rd 927, by removing the 10-day waiting period on the
delivery of a firearm for persons who already possess a firearm as
confirmed by the Automated Firearms System (AFS), are authorized to
carry concealed firearms, or possess a valid Certificate of
Eligibility and a firearm as confirmed by the AFS.
SEC. 2. Section 26805 of the Penal Code
is amend ed to read:
26805. (a) Except as provided in subdivisions (b) and (c), the
business of a licensee shall be conducted only in the buildings
designated in the license.
(b) (1) A person licensed pursuant to Sections 26700 and 26705 may
take possession of firearms and commence preparation of registers
for the sale, delivery, or transfer of firearms at any gun show or
event, as defined in Section 478.100 of Title 27 of the Code of
Federal Regulations, or its successor, if the gun show or event is
not conducted from any motorized or towed vehicle. A person
conducting business pursuant to this subdivision shall be entitled to
conduct business as authorized herein at any gun show or event in
the state, without regard to the jurisdiction within this state that
issued the license pursuant to Sections 26700 and 26705, provided the
person complies with all applicable laws, including, but not limited
to, the waiting period specified in subdivision (a) of
Section 26815, and all applicable local laws, regulations,
and fees, if any.
(2) A person conducting business pursuant to this subdivision
shall publicly display the person's license issued pursuant to
Sections 26700 and 26705, or a facsimile thereof, at any gun show or
event, as specified in this subdivision.
(c) (1) A person licensed pursuant to Sections 26700 and 26705 may
engage in the sale and transfer of firearms other than handguns, at
events specified in Sections 26955, 27655, 27900, and 27905, subject
to the prohibitions and restrictions contained in those sections.
(2) A person licensed pursuant to Sections 26700 and 26705 may
also accept delivery of firearms other than handguns, outside the
building designated in the license, provided the firearm is being
donated for the purpose of sale or transfer at an auction or similar
event specified in Section 27900.
(d) The firearm may be delivered to the purchaser, transferee, or
person being loaned the firearm at one of the following places:
(1) The building designated in the license.
(2) The places specified in subdivision (b) or (c).
(3) The place of residence of, the fixed place of business of, or
on private property owned or lawfully possessed by, the purchaser,
transferee, or person being loaned the firearm.
SEC. 3. Section 26815 of the Penal Code
is amended to read:
26815. No (a) A
firearm shall not be delivered:
(a)
(1) Within 10 days of the application to purchase, or,
after notice by the department pursuant to Section 28220, within 10
days of the submission to the department of any correction to the
application, or within 10 days of the submission to the department of
any fee required pursuant to Section 28225, whichever is later.
(b)
(2) Unless unloaded and securely wrapped or unloaded
and in a locked container.
(c) Unless the purchaser, transferee, or person
being loaned the firearm presents clear evidence of the person's
identity and age to the dealer.
(d)
(3) Whenever the dealer is notified by the Department
of Justice that the person is prohibited by state or federal law from
processing, owning, purchasing, or receiving a firearm. The dealer
shall make available to the person in the prohibited class a
prohibited notice and transfer form, provided by the department,
stating that the person is prohibited from owning or possessing a
firearm, and that the person may obtain from the department the
reason for the prohibition.
(b) Notwithstanding paragraph (1) of subdivision (a), if the
person is determined, pursuant to Section 28220, not to be prohibited
from possessing, receiving, owning, or purchasing a firearm, and the
person possesses a firearm as confirmed by the Automated Firearms
System (AFS), is authorized to carry a concealed firearm, or
possesses a valid Certificate of Eligibility and a firearm as
confirmed by the AFS, the dealer shall immediately release the
firearm to the person and not wait the full 10 days to do so.
SEC. 4. Section 27540 of the Penal Code
is amended to read:
27540. (a) A dealer, whether or not acting
pursuant to Chapter 5 (commencing with Section 28050), shall not
deliver a firearm to a person, as follows:
(a)
(1) Within 10 days of the application to purchase, or,
after notice by the department pursuant to Section 28220, within 10
days of the submission to the department of any correction to the
application, or within 10 days of the submission to the department of
any fee required pursuant to Section 28225, whichever is later.
(b)
(2) Unless unloaded and securely wrapped or unloaded
and in a locked container.
(c)
(3) Unless the purchaser, transferee, or person being
loaned the firearm presents clear evidence of the person's identity
and age to the dealer.
(d)
(4) Whenever the dealer is notified by the Department
of Justice that the person is prohibited by state or federal law from
possessing, receiving, owning, or purchasing a firearm.
(e)
(5) A handgun shall not be delivered unless the
purchaser, transferee, or person being loaned the handgun presents a
handgun safety certificate. Commencing January 1, 2015, any firearm,
including a handgun, shall not be delivered unless the purchaser,
transferee, or person being loaned the firearm presents a firearm
safety certificate to the dealer, except that in the case of a
handgun, an unexpired handgun safety certificate may be presented.
(f)
(6) A handgun shall not be delivered whenever the
dealer is notified by the Department of Justice that within the
preceding 30-day period the purchaser has made another application to
purchase a handgun and that the previous application to purchase
involved none of the entities specified in subdivision (b) of Section
27535.
(b) Notwithstanding paragraph (1) of subdivision (a), if the
person is determined, pursuant to Section 28220, not to be prohibited
from possessing, receiving, owning, or purchasing a firearm, and the
person possesses a firearm as confirmed by the Automated Firearms
System (AFS), is authorized to carry a concealed firearm, or
possesses a valid Certificate of Eligibility and a firearm as
confirmed by the AFS, the dealer shall immediately release the
firearm to the person and not wait the full 10 days to do so.
SEC. 5. Section 28220 of the Penal Code
is amended to read:
28220. (a) Upon submission of firearm purchaser information, the
Department of Justice shall examine its records, as well as those
records that it is authorized to request from the State Department of
State Hospitals pursuant to Section 8104 of the Welfare and
Institutions Code, in order to determine if the purchaser is a person
described in subdivision (a) of Section 27535, or is prohibited by
state or federal law from possessing, receiving, owning, or
purchasing a firearm.
(b) To the extent that funding is available, the Department of
Justice may participate in the National Instant Criminal Background
Check System (NICS), as described in subsection (t) of Section 922 of
Title 18 of the United States Code, and, if that participation is
implemented, shall notify the dealer and the chief of the police
department of the city or city and county in which the sale was made,
or if the sale was made in a district in which there is no municipal
police department, the sheriff of the county in which the sale was
made, that the purchaser is a person prohibited from acquiring a
firearm under federal law.
(c) (1) If the department determines that
the purchaser is prohibited by state or federal law from possessing,
receiving, owning, or purchasing a firearm or is a person described
in subdivision (a) of Section 27535, it shall immediately notify the
dealer and the chief of the police department of the city or city and
county in which the sale was made, or if the sale was made in a
district in which there is no municipal police department, the
sheriff of the county in which the sale was made, of that fact.
(2) If the department determines that the purchaser is not
prohibited by state or federal law from possessing, receiving,
owning, or purchasing a firearm and that the person is not prohibited
from purchasing a firearm as described in subdivision (a) of Section
27535, and the person possesses a firearm as confirmed by the
Automated Firearms System (AFS), is authorized to carry a concealed
firearm, or possesses a valid Certificate of Eligibility and a
firearm as confirmed by the AFS, the department shall immediately
notify the dealer who shall immediately release the firearm to the
person and not wait the full 10 days otherwise required by Sections
26815 and 27540 to do so.
(d) If the department determines that the copies of the register
submitted to it pursuant to subdivision (d) of Section 28210 contain
any blank spaces or inaccurate, illegible, or incomplete information,
preventing identification of the purchaser or the handgun or other
firearm to be purchased, or if any fee required pursuant to Section
28225 is not submitted by the dealer in conjunction with submission
of copies of the register, the department may notify the dealer of
that fact. Upon notification by the department, the dealer shall
submit corrected copies of the register to the department, or shall
submit any fee required pursuant to Section 28225, or both, as
appropriate and, if notification by the department is received by the
dealer at any time prior to delivery of the firearm to be purchased,
the dealer shall withhold delivery until the conclusion of the
waiting period described in Sections 26815 and 27540.
(e) If the department determines that the information transmitted
to it pursuant to Section 28215 contains inaccurate or incomplete
information preventing identification of the purchaser or the handgun
or other firearm to be purchased, or if the fee required pursuant to
Section 28225 is not transmitted by the dealer in conjunction with
transmission of the electronic or telephonic record, the department
may notify the dealer of that fact. Upon notification by the
department, the dealer shall transmit corrections to the record of
electronic or telephonic transfer to the department, or shall
transmit any fee required pursuant to Section 28225, or both, as
appropriate, and if notification by the department is received by the
dealer at any time prior to delivery of the firearm to be purchased,
the dealer shall withhold delivery until the conclusion of the
waiting period described in Sections 26815 and 27540.
(f) (1) (A) The department shall immediately notify the dealer to
delay the transfer of the firearm to the purchaser if the records of
the department, or the records available to the department in the
National Instant Criminal Background Check System, indicate one of
the following:
(i) The purchaser has been taken into custody and placed in a
facility for mental health treatment or evaluation and may be a
person described in Section 8100 or 8103 of the Welfare and
Institutions Code and the department is unable to ascertain whether
the purchaser is a person who is prohibited from possessing,
receiving, owning, or purchasing a firearm, pursuant to Section 8100
or 8103 of the Welfare and Institutions Code, prior to the conclusion
of the waiting period described in Sections 26815 and 27540.
(ii) The purchaser has been arrested for, or charged with, a crime
that would make him or her, if convicted, a person who is prohibited
by state or federal law from possessing, receiving, owning, or
purchasing a firearm, and the department is unable to ascertain
whether the purchaser was convicted of that offense prior to the
conclusion of the waiting period described in Sections 26815 and
27540.
(iii) The purchaser may be a person described in subdivision (a)
of Section 27535, and the department is unable to ascertain whether
the purchaser, in fact, is a person described in subdivision (a) of
Section 27535, prior to the conclusion of the waiting period
described in Sections 26815 and 27540.
(B) The dealer shall provide the purchaser with information about
the manner in which he or she may contact the department regarding
the delay described in subparagraph (A).
(2) The department shall notify the purchaser by mail regarding
the delay and explain the process by which the purchaser may obtain a
copy of the criminal or mental health record the department has on
file for the purchaser. Upon receipt of that criminal or mental
health record, the purchaser shall report any inaccuracies or
incompleteness to the department on an approved form.
(3) If the department ascertains the final disposition of the
arrest or criminal charge, or the outcome of the mental health
treatment or evaluation, or the purchaser's eligibility to purchase a
firearm, as described in paragraph (1), after the waiting period
described in Sections 26815 and 27540, but within 30 days of the
dealer's original submission of the purchaser information to the
department pursuant to this section, the department shall do the
following:
(A) If the purchaser is not a person described in subdivision (a)
of Section 27535, and is not prohibited by state or federal law,
including, but not limited to, Section 8100 or 8103 of the Welfare
and Institutions Code, from possessing, receiving, owning, or
purchasing a firearm, the department shall immediately notify the
dealer of that fact and the dealer may then immediately transfer the
firearm to the purchaser, upon the dealer's recording on the register
or record of electronic transfer the date that the firearm is
transferred, the dealer signing the register or record of electronic
transfer indicating delivery of the firearm to that purchaser, and
the purchaser signing the register or record of electronic transfer
acknowledging the receipt of the firearm on the date that the firearm
is delivered to him or her.
(B) If the purchaser is a person described in subdivision (a) of
Section 27535, or is prohibited by state or federal law, including,
but not limited to, Section 8100 or 8103 of the Welfare and
Institutions Code, from possessing, receiving, owning, or purchasing
a firearm, the department shall immediately notify the dealer and the
chief of the police department in the city or city and county in
which the sale was made, or if the sale was made in a district in
which there is no municipal police department, the sheriff of the
county in which the sale was made, of that fact in compliance with
subdivision (c) of Section 28220.
(4) If the department is unable to ascertain the final disposition
of the arrest or criminal charge, or the outcome of the mental
health treatment or evaluation, or the purchaser's eligibility to
purchase a firearm, as described in paragraph (1), within 30 days of
the dealer's original submission of purchaser information to the
department pursuant to this section, the department shall immediately
notify the dealer and the dealer may then immediately transfer the
firearm to the purchaser, upon the dealer's recording on the register
or record of electronic transfer the date that the firearm is
transferred, the dealer signing the register or record of electronic
transfer indicating delivery of the firearm to that purchaser, and
the purchaser signing the register or record of electronic transfer
acknowledging the receipt of the firearm on the date that the firearm
is delivered to him or her.
SECTION 1. Section 26815 of the Penal Code is
amended to read:
26815. A firearm shall not be delivered:
(a) Within 10 days of the application to purchase, or, after
notice by the department pursuant to Section 28220, within 10 days of
the submission to the department of any correction to the
application, or within 10 days of the submission to the department of
any fee required pursuant to Section 28225, whichever is later.
(b) Unless unloaded and securely wrapped or unloaded and in a
locked container.
(c) Unless the purchaser, transferee, or person being loaned the
firearm presents clear evidence of the person's identity and age to
the dealer.
(d) Whenever the dealer is notified by the Department of Justice
that the person is prohibited by state or federal law from
processing, owning, purchasing, or receiving a firearm. The dealer
shall make available to the person in the prohibited class a
prohibited notice and transfer form, provided by the department,
stating that the person is prohibited from owning or possessing a
firearm, and that the person may obtain the reason for the
prohibition from the department.
